Appeal No. 2005-1244 Page 7 Application No. 10/134,902 the selection of either one to form the support structure would be within the level of ordinary skill in the art. The appellant argues that the applied prior art does not suggest the claimed subject matter. We agree. All the claims under appeal require a table tennis table half to be made of two portions interconnected by a supporting leg comprising first and second leg members and a connecting member having both (1) a central portion with a diameter substantially the same as the diameter of the first and second leg members and (2) reduced diameter end portions that are received within open ends of the first and second leg members. However, it is our opinion that these limitations are not suggested by the applied prior art. In that regard, while Lifetime does teach a three piece supporting leg, Lifetime does not teach or suggest using the three piece supporting leg to interconnect separate portions of the table tennis table. As such, we fail to find any motivation, incentive, suggestion or teaching in Lifetime that would have made it obvious at the time the invention was made to a person having ordinary skill in the art to have modified Sportcraft so as to arrive at the claimed subject matter. In our view, the only suggestion for modifying Sportcraft in the manner proposed by the examiner to meet the above- noted limitations stems from impermissible hindsight knowledge derived from the appellant's own disclosure.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007